CR 10-077 Front Yard Variance - 309 20th Ave NHS
July 28, 2010 OPKINCouncil Report 10-77
FRONT YARD SETBACK VARIANCE — 309 - 20T" AVENUE NORTH
Proposed Action
Staff recommends the following motion: Adopt Resolution 10-45, approving a front yard
setback variance at 309 - 201h Avenue North.
At the Zoning and Planning meeting, Ms- Cummings moved and Mr. Kuznia seconded a
motion to adopt Resolution RZ10-10, recommending approval of a front yard setback
variance at 309 - 201h Avenue North. The motion was approved unanimously.
Overview
The applicant, Robert Papke, is proposing to construct a three -season porch on the front of
his home. Mr. Papke's home abuts 20th Avenue, but 20th Avenue is not improved and is a
grassy area. 201h Avenue is part of Hilltop Park. In looking at the front of Mr. Papke's home
it appears as a large grassy area.
The proposed three -season porch would fill in an area on the north side of the existing home.
Mr. Papke's home is 21 feet from the front property line and the proposed three -season
porch would be 19 feet from the front property line. The required front yard setback for a
home in the R -1-A zoning district is 25 feet.
Primary Issues to Consider
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• What does the ordinance require?
• What are the specifics of the applicant's request?
• What special circumstances or undue hardship does the property have?
• What was the discussion at the Zoning and Planning meeting?
Sunnortin2 Documents
• Analysis of Issues
• Site Plan
• Letter from neighbor
• Resolution 10-45
Nancy . Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR 10-77
Page 2
Primary Issues to Consider.
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The subject property is zoned R -1-A, Single Family and Two -Family High Density. The
Comprehensive Plan has designated the site as Low Density Residential. The existing use
complies with both documents.
• What does the ordinance require?
The R -1-A district requires a minimum front yard setback of 25 feet.
• What are the specifics of the applicant's request?
The applicant is requesting a six-foot front yard setback variance.
• What special circumstances and undue hardship does the property have?
The Zoning Ordinance states the following: a variance is a modification or variation from the
provisions of this code granted by the board and applied to a specific parcel of property
because of undue hardship due to circumstances peculiar and unique to such parcel. The
Zoning Ordinance also states the following: that the Commission must find that the literal
enforcement of the provision of the Zoning Ordinance would cause an undue hardship
because of circumstances unique to the individual property under consideration and that the
granting of a variance to the extent necessary to compensate for said hardship is in keeping
with the intent of this code.
The applicant does have an undue hardship and unique situation. 20'h Avenue is not
improved, and there is no access to the home from the front. 20`h Avenue appears as part of
the park. 201h Avenue will probably never be constructed, due to the topography of platted
road. The City does not plan to vacate this road. This situation of a front yard abutting a
non -constructed street is a rare situation shared only by one other home. The only access to
the home is from an alley in the rear of the home.
Surrounding uses
The site is surrounded by park on the north and west side, and residential on the south and
east sides.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed variance. Rob Papke and Rebecca Fobes, the
applicants, appeared before the Commission.
CR 10-77
Page 3
Alternatives.
1. Approve the front yard setback variance. By approving the front yard setback variance,
the applicant will be able to construct the addition as proposed.
2. Deny the front yard setback variance. By denying the front yard setback variance, the
applicant will not be able to construct the addition as proposed. If the City Council
considers this alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
Hennepin County Property Map Print
Hennepin County Property Map - Tax Year: 2010
Page 1 of 1
The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed
land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only.
Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives.
2020
30
.., f ". r
Selected Parcel Data Date Printed: 7/8/2010 2:17:40 PM
Parcel ID: 23-117-22-14-0040 Current Parcel Date: 6/3/2010
Owner Name: REBECCA H FOBES
Parcel Address: 309 20TH AVE N , HOPKINS , MN 55343
Property Type: RESIDENTIAL
Homestead: HOMESTEAD
Area (sgft): 11999
Area (acres): 0.28
A -T -B: TORRENS
Market Total: $338,000.00
Tax Total: $4,618.56
Sale Price: $316,000.00
Sale Date: 06/2004
Sale Code: WARRANTY DEED
http://gis.co.hennepin.nin.us/HCPropertyMap/Locator.aspx 07/08/2010
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Nancy Anderson
From: ML Designs [designsbyml@comcast.net]
Sent: Tuesday, July 20, 2010 4:51 PM
To: Nancy Anderson
Subject: Front Yard Setback -309 20th Ave
Hello Nancy,
We spoke on the phone today about the request from our neighbor, Rob Papke and Rebecca
Fobes who live at 309 20th Ave N for a six foot front yard setback variance on the west side of
their home. We do not oppose this setback. This setback doesn't affect our property or view
and won't make a difference with regards to the west side of the house that faces Hilltop Park.
We have no problems with the setback request.
Please feel free to call us if there are any questions about our comments. Thank you.
Mary Lou & Chuck Watson
H-952-938-3358
07/27/2010
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 10-45
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
A FRONT YARD SETBACK VARIANCE
WHEREAS, an application for Variance VN10-1 has been made by Robert Papke; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN 10-1 was made by Robert Papke on
June 22, 2010;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
July 27, 2010: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of the City staff were considered;
and
4. Legal description of the parcel is as follows:
Lots 21, 22 and north'/ of lot 20, Block 3 West Minneapolis 3rd Division.
NOW, THEREFORE, BE IT RESOLVED BY THE ZONING AND PLANNING
COMMISSION OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance
VN10-1 to reduce the front yard setback from 25 to 19 feet is hereby approved based on the
following Findings of Fact:
1. That 309-20'h Avenue North does have an undue hardship peculiar to the
parcel.
2. That the lot abuts an unimproved 20�h Avenue North.
3. That the applicant has an undue hardship due to the topography of 20'h
Avenue that will not be improved.
4. That the improvement to the house would not alter the character of the
neighborhood.
BASED ON THE FOREGOING FINDINGS OF FACT, the Zoning and Planning
Commission of the City of Hopkins, Minnesota, hereby determines that the literal enforcement
of the 25 -foot front yard setback in the R -1-A zoning district would cause an undue hardship
because of circumstances unique to the subject property, that the granting of the requested
variance to the extent necessary to compensate for such hardship is in keeping with the intent of
the Hopkins City Code, and that the variance of six feet is reasonable.
Adopted this 2nd day of August 2010.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk